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Marco Rubio Brings Back 'Red Flag' Bill for New Congress

January 3, 2019 - 4:45pm
Marco Rubio
Marco Rubio

On the first day of the new Congress, U.S. Sen. Marco Rubio, R-Fla., brought back the “Extreme Risk Protection Order and Violence Prevention Act.”

On Thursday, Rubio paired up with Republican U.S. Sen. Susan Collins and independent U.S. Sen. Angus King of Maine and U.S. Sen. Jack Reed, D-RI, to reintroduce the bill which “will dedicate Department of Justice funds to incentivize states to give law enforcement the authority to prevent individuals who pose a threat to themselves or others the ability to purchase or possess firearms, while still providing due process protections.”

Rubio first unveiled the bill in March after the Parkland shooting. When he showcased the bill on Thursday, Rubio said his proposal will help protect students. 

“A gun violence restraining order is one of the most effective policies we can put in place to prevent another tragedy like Parkland,” Rubio said. “We can help keep our schools and communities safe by empowering law enforcement or family members to use the judicial system to keep guns out of the hands of dangerous individuals. This idea has already proven successful in states like Florida, and it is my hope that this bill will get other states to do the same thing.”

“Our schools and many other public places are too often the targets of gun violence. We have a duty to do more to prevent this kind of violence. This bipartisan bill gives law enforcement and concerned family members a way to petition state and tribal courts to keep guns away from people who have exhibited serious, documented signs of danger and violence to themselves or others,” said Reed. “Red and blue states alike have been out front on this issue, adopting so-called ‘Red Flag’ laws. Our bipartisan initiative builds on these state solutions that already exist in states like Florida and Rhode Island, and provides incentives to effectively run and improve these important state efforts. It doesn’t force states to act, but encourages states that do. We must come together and do more to prevent gun violence, and passing this bipartisan bill would be a major step in the right direction.”

“Too many families, in too many communities across America, have felt the pain of losing a loved one to gun violence,” said King. “Far too often, we learn after the fact that many tragic mass shootings were committed by individuals who displayed warning signs of emotional or mental distress, and were still able to purchase a gun. These horrific losses could have possibly been prevented -- but they weren’t, and that’s simply unacceptable. This isn’t about infringing upon the Second Amendment rights of law-abiding gun-owners – it’s about using due process to pursue a proactive approach to save lives by intervening early with those who have shown significant danger to harm themselves or others.”

“Gun violence is a problem that affects far too many communities across the country,” said Collins. “Family members and law enforcement officers are often in the best position to identify when someone poses an immediate threat to themselves or others, but in many cases they are unable to intervene before it is too late. Our bipartisan legislation would provide a way for them to temporarily prevent dangerous individuals from possessing firearms. Several states already have ‘red flag’ laws, which enhance gun safety while retaining important due process protections and preserving the Second Amendment rights of law-abiding citizens.”


Having been through a number of quality process courses the one major point they have in common is - you can't fix a problem without knowing the root cause. in this case guns are not the root cause but the people using them. I am not a researcher but looking at a history of mass shootings (and the problem with that is the definition of mass shooting, some use 3 or 4 or 5 to be considered a mass shooting ) I found an escalation beginning in about the mid eighties. It seems to me that was also when prescriptions for psychotropic drugs became common place. I would like to see an independent study performed to discern how many shooters were on drugs (legal or illegal) or were supposed to be on drugs but not using them. "Red flag laws, erpos" are not only unconstitutional but useless as are gun free zones. Senator Rubio your reintroduction of the red flag laws and voting to override President Trumps veto have definitely cost you my vote. My only hope is we can get a true conservative to run against you next time around.

In regard to prohibiting those who wish to harm themselves from obtaining, or possessing firearms, if you take that method of causing harm to self away, watch the number of other methods, such as carbon monoxide deaths rise. The best method of prevention is addressing the causes, and NOT symptoms of the underlying problems. Societal problems rose sharply when the federal government began reducing funds to treat mental illness and many of those who were separated from society for proper reasons were released back into the regular population, and many more were no longer treated for psychological issues. Government shows funding at a horrendous number of programs, while making law after law of which there will never be enough law enforcement officers available to effectively enforce, and well too few facilities available for treatment and incarceration to enforce the consequences. More laws are NOT the most effective means of treating problems.

This is just another way for the government to a road the second amendment the most important Edmond to the constitution the right of citizens to protect themselves against the government should it turn to tyranny! Bit by bit we’re losing our civil rights and we don’t even realize it in most cases most Americans are oblivious to that fact !

Mr. Rubio has been in office too long. He proposes a law that is blatantly unconstitutional in that it violates 2-A; the freedom to keep and bear arms, 4-A; Right against illegal search and seizure, 5-A rights to private property, 14-A Right to Due Process. This law will have a chilling effect upon 1-A freedom of speech. The Supreme Court has ruled that rights are not privileges. Rights are given to us by God. You can tax privileges and thus end them. The state can not tax rights RIghts cannot be removed or restricted without Due Process. Rubio is a "pander- bear" kissing the ass of the left with a stupid and unconstitutional effort to appear "reasonable" in order to stay relevant and in office. His time is up. Primary anybody?

Thank you for that righteous comment time has come start the ouster of these frauds that been around D C. 2 long

Very well said, and accurate. Unfortunately President Trump is being linked to the bill, or should I say "blamed for it", due to remarks he made at the WH breakfast when they were discussing school safety. Rubio the RINO needs to go.

i am dismayed by the this Mr. Rubio. Any law like this has the potential for abuse, especially when you get into an argument with a next door neighbor, an ex spouse, etc. The mass killers are law-less; meaning they do not follow laws, (law-less) and if guns are taken, they can easily become Timothy McVeigh who killed 168 people without firing a shot.

When has it ever been that automatic weapons have been used by civilians to protect anyone. They are always used for aggression. Many times it is by those who have previously known mental problems. It is right to protect the majority and innocent from the few who are sick.

No one on here is talking about Automatic Weapons. You have to have special permits and a lot of money to own a fully automatic weapon. The ATF already knows where all legal FAW are. If you know someone who has a Fully Automatic Weapon then that person is either a criminal for making the gun, A criminal for stealing the gun, they bought it on a black market somewhere or maybe they are a legal class 3 firearms dealer and have invested a hell of a lot of time and money proving there worthy of owning such a weapon! Your last sentence is true but, destroying the 2nd Amendment is not how to do that..

These hypocrites and idiots on here telling me No one is trying take your guns away !!! That what this stupid NAZI law does. I pray I can see one of these treasonous rights rapers in their cars texting while driving so I can call the cops on them and get them arrested. There are more inconsiderate lunatics driving and texting than people shooting others. Plus I haven't seen one person question the fact that there have been hundreds or thousands of these shootings and not all the shooters are deemed crazy. Did it ever cross anyone's mind as to why all of a sudden, did all these people decide to start killing??? I find that question a lot more puzzling

His comment, “A gun violence restraining order is one of the most effective policies we can put in place to prevent another tragedy like Parkland”, is laughable. There is only one common denominator in all of this. And it is the gun. .... and go.

Hey Rubio, 19 plus states already had this gun confiscation law voted down. Why introduce something that has already been proved to be unconstitutional and not a common sense law. If somebody wants to kill somebody there are many other ways to due it without a gun. Are you going to confiscate cars, trucks, knives, pressure cookers, chemicals etc etc. I would look at the big picture and what has already been defeated in many states. Red flag laws are gun confiscations.

I am concerned about the probability of law enforcement misuse of red flag laws especially since the gun owners won’t even have their day in court before the knock on the door? My zip code is 34135. I voted for you to help you get elected but am extremely worried about this back door attempt to kill the 2 nd amendment rights.

Me too. This law is very dangerous and precludes 1- Due process 2- presumption of innocence 3- search and seizure. I was once taken in because it was thought that I was suicidal, which I was not or ever. I was held for what they said was a mandatory 72 hours for "evaluation". This would should or could be what to do with someone i.e. PERSON (not any weapon.) Bring the PERSON in and make them go through an evaluation conducted by a professional psychologist under the rule of "probable cause". We ALL know that the weapon will not DO anything. The PERSON should be evaluated thus leaving the inanimate weapon where it is. Otherwise this is pure and simple GUN CONFISCATION!!

Well stated. The fact that anyone, even someone who is mad at you can sick the police on you is DISTURBING to say the least. This NAZI law is raping my 1st - 2nd and 4th Amendments and I'm not even being charged with a crime. When you go messing with our Constitution I want a guaranteed way to prevent self interest, overzealous police SS officers, and dozens of things that can and will go wrong. Just look at the recent case of Gary Willis in Maryland. I can't really criticize the police without having access to the facts, but it sure appears NAZI Storm Troopers entered his home and when he grabbed for his gun one of the officers shot him dead. I'm sorry but I consider this plain MURDER and in this man's own home - Talking about assaulting his Constitutional Rights. I don't know if he has a wife, but if so she should own the state of Maryland real soon.

i am a fervent defender of the 2nd ammendment. i do not, however, live in constant fear of the lefties taking away everyone's guns. if you have no bad intentions, your fear of losing the 2nd ammendment, due to common sense laws that protect innocent people, is unfounded. how many of you "defenders of liberty" have taken the time to read about the NRA/trump/russian campaign money? keep drinking that koolaid.

Fervent defender my foot ! I guess you don't make anyone mad huh? You probably are so naive you don't think the so called leftie you state couldn't be a person pissed off at you. Maybe you make a statement out of anger and some idiot misinterprets what you meant and calls the police and reports. The point is once the police obtain a ERPO Warrant and come to your door and take your guns, then YOU will have to pay thousands of dollars to defend yourself in order to regain your weapons that should have never been taken in the beginning. You had no Due Process. If you want rights destroyed like this move to Russia, they will enjoy you ! The Constitution is NOT to be altered or tampered with, especially by Oath Breakers !!!!

I don't buy your fervent crap at all. It's obvious your not a Constitutionalist by any means.

Dave - there is nothing common sense about common sense gun laws. How about we have common sense laws about your free speech and allow family members and police gag you until you prove that you are not going to harm yourself or others with your speech???? NRA/Trump/Campaign Money - brother. Where's the proof???? I have proof that the Democrats used the same thing they are accusing Russians of to defeat Roy Moore in Alabama - no proof on the Russians and the NRA and Trump. Get a grip please.

You are no defender of the 2nd Amendment. Secondly there are thousands of so called common sense laws on the books. Your a troll and enemy of freedom Kool aide drinker


11 teens die every day from texting and driving. Take away phones and you’ll prevent more deaths than 5 Parklands.

It's not about Trump and Russia or Hillary and Russian money for Uranium 1. It is about the Constitution and Bill of Rights. I recommend the Federalist papers so you can read in their own words what it was supposed to mean. How dare you feel you have the right to water down, restrict or take away my enumerated rights. Public school taught dummies are why we have the snowflakes like you talking about what you don't understand. Try the library.

Drunk driving kills more people each year than legal gun owners. Where is the bill banning alcohol. Rubio is a stupid moron. I will work to do everything I can to get him voted out on his next re-election bid.

Prohibition was tried and it failed. Brush up on your history bc that’s where the bill is, to answer your question.

I totally agree. He has been in government to long.

I take it reading comprehension isn’t your strong suit. No where in the proposed bill is it calling for a ban on guns.

And I guess critical thinking is not your strong suit. Tell me what other Rights you want the government to take from you without due process. How about these people are no longer exempt from illegal searches? How about they lose their right to free speech? It takes a special kind of moron to not understand this.

Drunk driving kills more people each year than legal gun owners. Where is the bill banning alcohol. Rubio is a stupid moron. I will work to do everything I can to get him voted out on his next re-election bid.

Any law that strips a citizen of their rights BEFORE due process is surely unConstitutional. These Red Flag laws do just that. They require an ex parte hearing in front of a judge where the accused is not present. He can not meet his accuser and is unable to defend himself.


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